Allahabad High Court

GULSHER AHMAD AND 7 OTHERSversusMR. CHANDRA MOHAN GARG AND 3 OTHERS

Decided: 22 September 2026
Bench: VIKAS BUDHWAR

Holding

The survey marking does not constitute contempt of the High Court’s order.

Summary

The High Court of Allahabad heard a contempt application filed by Gulsher Ahmad and others, alleging that the respondents had willfully defied the Court’s order dated 23‑10‑2024 which prohibited demolition of the petitioners’ houses without proper acquisition and statutory compliance. The order in the writ petition had directed that no demolition should occur without following due process. The respondents submitted a survey marking document dated 14‑09‑2026, stating that no attempt had been made to interfere with the petitioners’ peaceful possession and that the markings were merely for identification during the survey. The Court examined whether such survey markings amounted to contempt of its earlier order. Concluding that the markings did not constitute a violation of the order, the Court consigned the contempt application to the record, leaving it open for the petitioners to approach the Court again if a contempt occurs in the future.

Issues considered

Whether the survey marking and identification of properties by the respondents amount to willful defiance of the High Court’s order prohibiting demolition without acquisition.
Whether the contempt application should be dismissed or kept pending.

Subjects

contempt of court
writ petition
demolition
land acquisition
survey marking
High Court of Allahabad

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CONTEMPT APPLICATION (CIVIL) No. - 5972 of 2026

Gulsher Ahmad And 7 Others
                                                                    .....Applicant(s)
                                         Versus

Mr. Chandra Mohan Garg And 3 Others
                                                                       .....Opposite
                                                                             Party(s)

Counsel for Applicant(s)      : Kartikay Agarwal, Poorva Agarwal,
                                Punit Kumar Gupta
Counsel for Opposite Party(s) :

Court No. - 53
                     HON'BLE VIKAS BUDHWAR, J.

1. The present contempt application has been preferred alleging willful
defiance of the order dated 23.10.2024 passed in Writ-C No. 31283 of 2024,
order whereof is quoted hereinunder.-

     "1. Heard learned counsel appearing on behalf of the petitioners and Sri
     Dilip Kumar Kesharwani, learned Additional Chief Standing Counsel
     appearing on behalf of the State.
     2. This is a writ petition under Article 226 of the Constitution of India
     wherein the writ petitioners are apprehensive for demolition of their
     residential houses due to certain action having been taken by the
     respondents.
     3. Learned Additional Chief Standing Counsel appearing on behalf of the
     State respondents submits that at present the work of widening of road is
     taking place, however, he submits that there is no concrete proposal for
     demolition of residential houses of the petitioners and if any action is
     taken for demolition, the same would not be done without following the
     due process under the law.
     4. In light of the same, we make it clear that the respondent authorities
     shall not demolish these houses of the petitioner without acquiring the
     land of the petitioners and without following any other statutory provision
     under which the demolition is allowed.
     5. With these observation the writ petition is disposed of."

2. This Court on 02.09.2026 sought instructions.
                                                                                                                    CAPL No. 5972 of 2026
                                                                                 2


                                    3. Today, instructions have been produced under the signature of the
                                    Executive Engineer, Prantiya Khand, Public Works Department, Chandauli
                                    dated 14.09.2026, para 13 whereof is quoted hereinunder:-

                                             "13. यह कि प्रतिपक्षी संख्या-3 व 4 द्वारा आवेदक के शान्तिपूर्ण कब्जे में हस्तक्षेप करने का
                                             कभी किसी प्रकार का प्रयास नहीं किया गया। संयक्त
                                                                                         ु सर्वेक्षण के दौरान प्रस्तावित मार्ग निर्माण
                                             से प्रभावित होने वाले समस्त परिसम्पत्तियों पर उनकी पहचान एवं प्रस्तावित मार्ग निर्माण की
                                             सीमा निर्धारण के उद्देश्य से मार्किंग की गयी थी। उक्त मार्किंग मात्र से मा० उच्च न्यायालय के
                                             उपरोक्त आदेश की अवमानना नहीं होती है।"

                                    4. In view of the same, since a stand has been taken that the opposite parties
                                    are only making survey and not demolishing, thus, the contempt application
                                    is consigned to record at this stage, leaving it open for the applicant to
                                    again approach as and when the occasion arises.



                                                                                                                   (Vikas Budhwar,J.)
                                    September 23, 2026
                                    Rajesh




Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad

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